PRAKASH GHANSHAMDAS NATHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question that arises for determination in this writ petition is whether the 1st petitioner is entitled to the benefit of a reserved seat in a Medical College in Maharashtra on the ground that he is Thakur by caste which is recognised as a Scheduled Tribe under Entry No. 44 of Scheduled II, Part IX in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (referred to hereafter as " the Amendment Act)".

(2.) The 1st petitioner is the son of the 2nd petitioner who claims to have migrated to Indfia from Sindh Province (now Pakistan) in 1942. However, according to the State Government, his migration to India was after partition. Be that as it may, the year of migration is of no consequence. His son, viz. The 1st petitioner (referred to hereafter as "the student") was born at Kalyan on 9th February, 1964. After passing his 12th standard from R.K. Talreja Junior College, Ulhasnagar, in 1981, and claiming to be a member of a Scheduled Tribe, viz. "Thakur", he applied for a reserved seat for the First M.B.B.S. Course in June 1981. In his application form under the cyclostyled heading "Caste" he described himself as "S.T.", viz. belonging to Scheduled Tribe. As required by Rule 10 of the Government Rules, he enclosed a certificate dated 21st July, 1980 issued by the Special Executive Magistrate, Ulhasnagar, certifying that the student belongs to Hindu Thakur Caste which is recognised as a scheduled tribe under Entry No. 44 of the Amendment Act.

(3.) Pausing here for a moment, section 4 of the Amendment Act provides that the Scheduled Tribes Orders are hereby amended in the manner and to the extent specified in the Second Schedule. In the Second Schedule in Part IX under the heading "Maharashtra" Entry No. 44 reads as under : - 44, Thakur, Thakur, Ka Thakur, Ka Thakur, Ma Thakur, Ma Thakur."